Regarding non promotion

I work in PSU as officer.My promotion was due this to higher cadre and I was not promoted.Through RTI ,I came to know that as per marks ,seniority, and rank parameters I qualify to be promoted to higher cadre as the rank of last candidate selected was 213 and my rank was 200. Further more in my personal data form which our personnel department of organization maintains and is accessible to all employees to see their own,one vigilance case number has been written and I assumed that due to ongoing investigation on this vigilance case,my promotion has been kept in sealed envelope or had been withheld.However to my surprise when I filed RTI to my personnel department inquiring about any vigilance case /inquiry going against me ,they replied that no case is there against my name.How should I filed a writ petition challenging my non promotion ?

Asked 3 months ago in Labour from Bangalore, Karnataka

Hello,
Challenge the promotion process.
The person who have got the promotion are to be made party to the writ petition.
Challenge the promotion order vide which promotion has been given to other people.
Contact a local lawyer
Writ under article 226 will be filed for getting the order quash and seeking direction to conduct a fresh promotion drive.
Thanks and Regards

The promotion is both based on performance and seniority,'So if your place is better than the other candidate in all counts and there is no vigilance investigation is pending then there is no reason why you should not have promoted in higher category.
So challenge this injustice you can surely file writ petition in high court unless such disputes are required to be filed in CAT.

Can I filed a case for violation of right to equality and caste based discrimination as well as right to life and freedom violation and ask for a compensation also for the mental harassment I am undergoing because of non promotion .

Asked 3 months ago

In your application before CAT take the ground that you ha e been discriminated on account of your caste and non deserving candidate promoted
2) seek litigation costs

Dear Client,
Get the letter/order which upholds ur promotion for vigilance case pending .
File the writ, giving details of candidates who is/are low in rank being low in merit n seniority but given promotion preferring above u.
Support your case with RTI reply that no case pending against u, discrimination may be sought out by court intervention.

You can not file a case for violation of right to equality and caste based discrimination .. etc., The promotion is the decision by your senior management based on various internal policies, performances ... etc., .
You can file writ with high court based on the rank and the documents obtained through RTI ( Check with any corporate lawyer before that ) .

Before approaching court of law directly for the relief, you approach your own head of the department of the higher authority with an application venting out your grievances and the relief sought by an intervention of the authority in this regard.
Thus after exhausting the remedies available within the department, you may plan for a court case by filing a writ petition seeking the relief and remedy.

Can I filed a case for violation of right to equality and caste based discrimination as well as right to life and freedom violation and ask for a compensation also for the mental harassment I am undergoing because of non promotion .
In my opinion, it would be better you concentrate on your relief confined to your promotion alone and not to deviate the issue to some other subject. It may backfire and may turn fatal to your own case.
Think properly before taking any concrete decision on this.

You cannot seek promotion straightway, as a matter of right; however, but because right to be considered for promotion as assumed the status of a fundamental right, you are free to approach the High Court and file writ of mandamus seeking the enforcement of your right.

Indian Laws

Disclaimer: The lawyer listings on kaanoon.com do not constitute a referral or endorsement by kaanoon.com. kaanoon.com is not an advertising service for lawyers. kaanoon.com is providing legal information for nominal charges. Your access to and use of this site is subject to our Terms of Use.